Case: Brown v. Bush

1:98-cv-00673 | U.S. District Court for the Southern District of Florida

Filed Date: May 24, 1998

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On May 24, 1998, a group of individuals confined to Florida's four Developmental State Institutions for Persons with Developmental Disabilities ("DSIs") filed suit against the state of Florida and relevant state officials alleging that defendants failed to take appropriate measures to habilitate the plaintiffs, and that the plaintiffs suffered grave harm as a result. They asserted claims under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA") and its regulations; the Rehab…

On May 24, 1998, a group of individuals confined to Florida's four Developmental State Institutions for Persons with Developmental Disabilities ("DSIs") filed suit against the state of Florida and relevant state officials alleging that defendants failed to take appropriate measures to habilitate the plaintiffs, and that the plaintiffs suffered grave harm as a result. They asserted claims under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA") and its regulations; the Rehabilitation Act of 1973; 29 U .S.C. § 794; the Social Security Act, 42 U.S.C. § 1396 et seq . and its regulations; and 42 U .S.C. § 1983, alleging Due Process and Equal Protection violations. Represented by Florida's Advocacy Center for Persons with Disabilities, the plaintiffs asked the U.S District Court for the Southern District of Florida for declaratory and injunctive relief.

In May 1998, defendants filed a motion to dismiss based, among other things, on lack of standing and failure to state a claim under the ADA. Defendants also argued that plaintiffs were barred from bringing suit against the State because the State was immune from suit by private citizens under the Eleventh Amendment to the U.S. Constitution. In July 1998, the United States Department of Justice filed a motion to intervene in the case and included a memorandum in opposition to defendants' motion to dismiss. The DOJ also filed for leave to address as amicus curiae the proper construction of the ADA as it related to this case.

In its memo on the motion to dismiss, the DOJ argued that the ADA and the Rehabilitation Act were valid examples of Congress's power to abrogate, or abolish, the states' immunity from suit by private citizens. It also argued that both the ADA and the integration mandate established by the Supreme Court in L.C. v. Olmstead in 1998 provided a cause of action under which plaintiffs could challenge unnecessary institutionalization of mentally ill persons. On October 15, 1998, Judge Ferguson granted the DOJ's motion to intervene in the motion to dismiss and denied its motion to participate as amicus curiae.

On March 31, 1999, Judge Ferguson denied defendants' motion to dismiss the complaint.

Meanwhile, the plaintiffs moved for class certification. On March 10, 1999, the Court (Judge Wilkie D. Ferguson) entered an order certifying a class. Defendants appealed the order to the Eleventh Circuit and on February 3, 2000, the Eleventh Circuit issued an opinion reversing and vacating the class certification order and remanding the matter back to the Court for further action with instructions to certify the class as instructed. On February 11, 2000, the Court (Judge Ferguson) issued a Revised Order certifying a class.

After lengthy mediation and negotiations, the parties reached a Settlement Agreement on May 11, 2004, which was filed with the Court on May 21, 2004. On June 16, 2004, the parties submitted an amended Agreement, according to which defendants agreed to utilize both the Supported Living Home and Community-Based Services Waiver and the Developmental Disabilities Home and Community-Based Services Waiver to serve clients residing in the DSIs. Defendants also agreed to close one DSI no later than June 30, 2005 and another no later than July 1, 2010.

On August 11, 2005, the Court (Judge Jose E. Martinez) approved the Amended Settlement Agreement. On July 2, 2007, Judge Martinez granted the parties' Joint Motion to Dismiss Case After Substantial Compliance with Amended Settlement Agreement and closed the case.

Summary Authors

Kunyi Zhang (1/30/2011)

Lauren Latterell Powell (11/4/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/40650738/parties/brown-v-chiles/


Judge(s)

Ferguson, Wilkie D. Jr. (Florida)

Martinez, Jose E. (Florida)

Attorneys(s) for Plaintiff

Fleischner, Robert D. (Massachusetts)

Grissom, Hubert A. (Florida)

Lippman, Juliette E (Florida)

Nimkoff, Peter (Florida)

Ortiz, Isaias (Florida)

Saideman, Ellen Marjorie (Florida)

Schwartz, Steven J. (Massachusetts)

Attorneys(s) for Defendant

Crist, Charles J. Jr. (Florida)

Judge(s)

Ferguson, Wilkie D. Jr. (Florida)

Martinez, Jose E. (Florida)

Attorneys(s) for Plaintiff

Fleischner, Robert D. (Massachusetts)

Grissom, Hubert A. (Florida)

Lippman, Juliette E (Florida)

Nimkoff, Peter (Florida)

Ortiz, Isaias (Florida)

Saideman, Ellen Marjorie (Florida)

Schwartz, Steven J. (Massachusetts)

Attorneys(s) for Defendant

Crist, Charles J. Jr. (Florida)

Daniel, Stephanie A. (Florida)

Meyers, Andrew Jeffrey (Florida)

Miller, JC (District of Columbia)

Smith, Chesterfield Jr. (Florida)

York, Thomas B. (Pennsylvania)

Other Attorney(s)

Breen, Philip L. (District of Columbia)

Frohboese, Robinsue (District of Columbia)

Harrell-James, Veronica Vanessa (Florida)

Lee, Bill Lann (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Scott, Thomas E. (Florida)

Wodatch, John L. (District of Columbia)

Wohlenhaus, Renee M. (District of Columbia)

Worden, Jeanine M (District of Columbia)

Documents in the Clearinghouse

Document

1:98-cv-00673

Docket

July 2, 2007

July 2, 2007

Docket
1

1:98-cv-00673

Complaint

March 26, 1998

March 26, 1998

Complaint

1:98-cv-00673

United States' Memorandum of Law As Amicus Curiae and Intervenor In Opposition to Defendants' Motion to Dismiss

Brown v. Chiles

July 17, 1998

July 17, 1998

Pleading / Motion / Brief
37

1:98-cv-00673

United States' Memorandum of Law as Amicus Curiae and Intervenor in Opposition to Defendants' Motion to Dismiss

Brown v. Chiles

July 17, 1998

July 17, 1998

Pleading / Motion / Brief
123

1:98-cv-00673

Memorandum on Motion for Class Certification

March 11, 1999

March 11, 1999

Order/Opinion
293

1:98-cv-00673

Settlement Agreement

May 21, 2004

May 21, 2004

Settlement Agreement
296

1:98-cv-00673

Amended Settlement Agreement

June 17, 2004

June 17, 2004

Settlement Agreement
341

1:98-cv-00673

Order Approving Settlement Agreement

Aug. 12, 2005

Aug. 12, 2005

Settlement Agreement
360

1:98-cv-00673

Order Granting Joint Motion to Dismiss Case

July 2, 2007

July 2, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/40650738/brown-v-chiles/

Last updated Aug. 6, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

Class Action COMPLAINT filed; FILING FEE $150.00 RECEIPT # 513333; A-7; LRJ (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER

Magistrate identification: Magistrate Judge Linnea R. Johnson (cg, Deputy Clerk)

March 24, 1998

March 24, 1998

PACER
2

NOTICE of Pendency of Other Action. by Shelyndra Brown, Ronald Adside, Henry Sims, Mervyn Morell, Lynda Faye Johnson, Kerry Mangham, Advocacy Center Re: 96-6619-CV-Ferguson (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
3

SUMMONS(ES) issued for Lawton Chiles (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
4

SUMMONS(ES) issued for Edward Feaver (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
5

SUMMONS(ES) issued for Tamara Allen (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
6

SUMMONS(ES) issued for Charles Kimber (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
7

SUMMONS(ES) issued for Michael Mayfield (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
8

SUMMONS(ES) issued for Tracy Clemmons (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
9

SUMMONS(ES) issued for Michael Murphy (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
10

SUMMONS(ES) issued for Robert Morin (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
11

SUMMONS(ES) issued for Anita Bock (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
12

SUMMONS(ES) issued for John Awad (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
13

SUMMONS(ES) issued for Ester Tibbs (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
14

SUMMONS(ES) issued for Frances Gibbons (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
15

SUMMONS(ES) issued for Doug Cook (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
16

SUMMONS(ES) issued for Richard T. Lutz (cg, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998

March 24, 1998

PACER
17

NOTICE of attorney appearance for Tamara Allen by JC Miller, Andrew Jeffrey Meyers (Former Deputy Clerk) (Entered: 04/22/1998)

April 20, 1998

April 20, 1998

PACER
18

MOTION by Lawton Chiles, Edward Feaver, Charles Kimber, Michael Mayfield, Tracy Clemmons, Michael Murphy, Robert Morin, Anita Bock, John Awad, Ester Tibbs, Frances Gibbons, Doug Cook, Richard T. Lutz to dismiss complaint and to strike certain portions of plaintiff's complaint (Former Deputy Clerk) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

PACER
19

MOTION by Lawton Chiles, Edward Feaver, Charles Kimber, Michael Mayfield, Tracy Clemmons, Michael Murphy, Robert Morin, Anita Bock, John Awad, Ester Tibbs, Frances Gibbons, Doug Cook, Richard T. Lutz for entry of Order to Show Cause (Former Deputy Clerk) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

PACER
20

MOTION by Michael Mayfield, Tracy Clemmons, Michael Murphy, Robert Morin for protective order (Former Deputy Clerk) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

PACER
21

MOTION by Lawton Chiles, Edward Feaver, Charles Kimber, Michael Mayfield, Tracy Clemmons, Michael Murphy, Robert Morin, Anita Bock, John Awad, Ester Tibbs, Frances Gibbons, Doug Cook, Richard T. Lutz for leave to file legal memorandum in support of defendants' motion to dismiss in excess of twenty pages in length (proposed memorandum at docket clerk's desk) (Former Deputy Clerk) (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

PACER
87

MEMORANDUM by Richard T. Lutz, Doug Cook, Frances Gibbons, Ester Tibbs, John Awad, Anita Bock, Robert Morin, Michael Murphy, Tracy Clemmons, Michael Mayfield, Charles Kimber, Tamara Allen, Edward Feaver, Lawton Chiles in support of [18-1] motion to dismiss complaint, [18-2] motion to strike certain portions of plaintiff's complaint (dp, Deputy Clerk) (Entered: 11/06/1998)

May 18, 1998

May 18, 1998

PACER
22

MOTION by Tamara Allen to dismiss the Plaintiff's complaint, and for more definite statement (Former Deputy Clerk) (Entered: 05/26/1998)

May 20, 1998

May 20, 1998

PACER
23

MOTION with memorandum in support by All Plaintiffs to extend time to 6/15/98 to respond to motions for protective order, to dismiss and to show cause (sk, Deputy Clerk) (Entered: 06/02/1998)

May 28, 1998

May 28, 1998

PACER
24

ORDER granting [23-1] motion to extend time to 6/15/98 to respond to motions for protective order, to dismiss and to show cause ( signed by Judge William M. Hoeveler on 6/1/98) CCAP (sk, Deputy Clerk) (Entered: 06/03/1998)

June 1, 1998

June 1, 1998

PACER
25

NOTICE of unavailabiilty by Tamara Allen (sk, Deputy Clerk) (Entered: 06/10/1998)

June 9, 1998

June 9, 1998

PACER
26

Unopposed MOTION with memorandum in support by All Plaintiffs to extend time to respond to defendants' motion for a protective order (Former Deputy Clerk) (Entered: 06/18/1998)

June 15, 1998

June 15, 1998

PACER
27

MOTION by All Defendants to transfer case to Judge Ferguson (sk, Deputy Clerk) (Entered: 06/29/1998)

June 22, 1998

June 22, 1998

PACER
28

MOTION by Tamara Allen for Andrew Meyers to appear pro hac vice (sk, Deputy Clerk) (Entered: 07/10/1998)

July 1, 1998

July 1, 1998

PACER

Filing Fee Paid; FILING FEE $ 0 (sk, Deputy Clerk)

July 1, 1998

July 1, 1998

PACER
60

ORDER transferring case ( signed by Judge William M. Hoeveler on 7/7/98) CCAP (Former Deputy Clerk) (Entered: 08/13/1998)

July 7, 1998

July 7, 1998

PACER

CASE reassigned to Judge Wilkie D. Ferguson Jr. (Former Deputy Clerk)

July 7, 1998

July 7, 1998

PACER
29

RESPONSE by Tamara Allen in opposition to [27-1] motion to transfer case to Judge Ferguson (sk, Deputy Clerk) (Entered: 07/16/1998)

July 9, 1998

July 9, 1998

PACER
30

MOTION by All Plaintiffs for appointment of custodian/guardian ad litem (sk, Deputy Clerk) (Entered: 07/17/1998)

July 10, 1998

July 10, 1998

PACER
31

RESPONSE by All Plaintiffs to [19-1] motion for entry of Order to Show Cause (sk, Deputy Clerk) (Entered: 07/17/1998)

July 10, 1998

July 10, 1998

PACER
32

Notice of filing Stefan AFFIDAVIT by All Plaintiffs Re: [30-1] motion for appointment of custodian/guardian ad litem (sk, Deputy Clerk) (Entered: 07/17/1998)

July 10, 1998

July 10, 1998

PACER
33

RESPONSE by All Plaintiffs to [18-1] motion to dismiss complaint, [18-2] motion to strike certain portions of plaintiff's complaint (sk, Deputy Clerk) (Entered: 07/17/1998)

July 13, 1998

July 13, 1998

PACER
34

MOTION by All Plaintiffs for leave to file response memorandum in excess of twenty pages nun pro tunc (see DE 33 response memorandum) (sk, Deputy Clerk) (Entered: 07/17/1998)

July 13, 1998

July 13, 1998

PACER
35

Notice of filing documents/RESPONSE by All Plaintiffs in support of [33-1] motion response, [18-1] motion to dismiss complaint, [18-2] motion to strike certain portions of plaintiff's complaint (sk, Deputy Clerk) (Entered: 07/17/1998)

July 13, 1998

July 13, 1998

PACER
36

RESPONSE by All Plaintiffs to [22-1] motion to dismiss the Plaintiff's complaint, [22-2] motion for more definite statement (dp, Deputy Clerk) (Entered: 07/17/1998)

July 15, 1998

July 15, 1998

PACER
40

MOTION with memorandum in support by All Plaintiffs to extend time to file class certification motion nunc pro tunc (dp, Deputy Clerk) (Entered: 07/21/1998)

July 17, 1998

July 17, 1998

PACER
41

NOTICE of filing documents in support of motion for class certification by All Plaintiffs (dp, Deputy Clerk) (Entered: 07/21/1998)

July 17, 1998

July 17, 1998

PACER
42

MOTION with memorandum in support by All Plaintiffs for class certification (dp, Deputy Clerk) (Entered: 07/21/1998)

July 17, 1998

July 17, 1998

PACER
37

MOTION with memorandum in support to intervene in the first of two motions to dismiss the complaint by United States, and for leave to participate as amicus curiae (dp, Deputy Clerk) (Entered: 07/21/1998)

July 20, 1998

July 20, 1998

PACER
38

MOTION by United States for leave to file memorandum in excess of 20 pages (dp, Deputy Clerk) (Entered: 07/21/1998)

July 20, 1998

July 20, 1998

PACER
39

RESPONSE by United States to [22-1] motion to dismiss the Plaintiff's complaint, [18-1] motion to dismiss complaint (dp, Deputy Clerk) (Entered: 07/21/1998)

July 20, 1998

July 20, 1998

PACER
43

ORDER granting [30-1] motion for appointment of Susan Sefan as custodian/guardian ad litem ( signed by Judge Wilkie D. Ferguson Jr. on 7/21/98) CCAP (sk, Deputy Clerk) (Entered: 07/29/1998)

July 21, 1998

July 21, 1998

PACER
44

ORDER granting [26-1] motion to extend time to 8/3/98 to respond to defendants' motion for a protective order ( signed by Judge Wilkie D. Ferguson Jr. on 7/20/98) CCAP (sk, Deputy Clerk) (Entered: 07/29/1998)

July 21, 1998

July 21, 1998

PACER
45

RESPONSE by All Defendants to [30-1] motion for appointment of custodian/guardian ad litem (sk, Deputy Clerk) (Entered: 07/30/1998)

July 24, 1998

July 24, 1998

PACER
46

MOTION by All Defendants for reconsideration of [43-1] order appointing guardian ad litem (sk, Deputy Clerk) (Entered: 08/06/1998)

July 31, 1998

July 31, 1998

PACER
47

REPLY by All Defendants to response to [18-1] motion to dismiss complaint (sk, Deputy Clerk) (Entered: 08/06/1998)

July 31, 1998

July 31, 1998

PACER
48

MOTION by All Defendants for leave to file /accept reply as timely filed (See reply DE 47) (sk, Deputy Clerk) (Entered: 08/06/1998)

July 31, 1998

July 31, 1998

PACER
49

MOTION with memorandum in support by All Defendants to extend time to serve responses to the US motion to intervene as of right, and for leave to file to participate as amicus curiae, and to plaintiffs' motion for class certification (wj, Deputy Clerk) (Entered: 08/06/1998)

Aug. 3, 1998

Aug. 3, 1998

PACER
50

NOTICE of filing unreported memorandum opinion which was inadvertantly omitted from deft. reply memorandum of law to pltf. response to motoin to dismiss (attached) by All Defendants (wj, Deputy Clerk) (Entered: 08/06/1998)

Aug. 3, 1998

Aug. 3, 1998

PACER
51

RESPONSE by All Plaintiffs to [20-1] motion for protective order (sk, Deputy Clerk) (Entered: 08/06/1998)

Aug. 3, 1998

Aug. 3, 1998

PACER
52

Notice of filing declarations/ AFFIDAVIT by All Plaintiffs Re: [51-1] motion response to [20-1] motion for protective order (sk, Deputy Clerk) (Entered: 08/06/1998)

Aug. 3, 1998

Aug. 3, 1998

PACER
53

ORDER granting [38-1] motion for leave to file memorandum in excess of 20 pages ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

PACER
54

ORDER granting [34-1] motion for leave to file response memorandum in excess of twenty pages nun pro tunc ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

PACER
55

ORDER granting [40-1] motion to extend time to file class certification motion nunc pro tunc ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

PACER
56

ORDER granting [48-1] motion for leave to file /accept reply as timely filed ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

PACER
57

ORDER granting [49-1] motion to extend time to serve responses to the US motion to intervene as of right granting [49-2] motion for leave to file to participate as amicus curiae, and to plaintiffs' motion for class certification ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (lh, Deputy Clerk) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

PACER
59

ORDER granting plaintiffs motion for an enlargement of time to file response memoranda opposing defendants' motion to dismiss, motions to a protective order and for an order to show cause ( signed by Judge Wilkie D. Ferguson Jr. on 8/5/98) CCAP (dp, Deputy Clerk) (Entered: 08/11/1998)

Aug. 6, 1998

Aug. 6, 1998

PACER
58

AMENDMENT by All Plaintiffs to: [51-1] motion response (lh, Deputy Clerk) (Entered: 08/10/1998)

Aug. 7, 1998

Aug. 7, 1998

PACER
61

MOTION by Robert Morin, Michael Murphy, Tracy Clemmons, Michael Mayfield to extend time to reply to amended response to motion for protective order (dp, Deputy Clerk) (Entered: 08/24/1998)

Aug. 19, 1998

Aug. 19, 1998

PACER
62

MOTION by All Defendants to file memorandum in excess of 20 pages in respnose to motion for class certification (dp, Deputy Clerk) (Entered: 08/26/1998)

Aug. 25, 1998

Aug. 25, 1998

PACER
63

RESPONSE by All Defendants to [42-1] motion for class certification (dp, Deputy Clerk) (Entered: 08/26/1998)

Aug. 25, 1998

Aug. 25, 1998

PACER
64

MOTION by All Defendants to extend time to serve response to USA's motion to intervenet and for leave to participate as amicus curiae (dp, Deputy Clerk) (Entered: 08/27/1998)

Aug. 26, 1998

Aug. 26, 1998

PACER
65

REPLY by All Defendants to amended response to [20-1] motion for protective order (dp, Deputy Clerk) (Entered: 08/31/1998)

Aug. 27, 1998

Aug. 27, 1998

PACER
66

RESPONSE by All Defendants to [37-1] motion to intervene in the first of two motions to dismiss the complaint by United States, [37-2] motion for leave to participate as amicus curiae (dp, Deputy Clerk) (Entered: 09/01/1998)

Aug. 31, 1998

Aug. 31, 1998

PACER
67

REPLY by United States to response to [37-1] motion to intervene in the first of two motions to dismiss the complaint by United States, [37-2] motion for leave to participate as amicus curiae (dp, Deputy Clerk) (Entered: 09/10/1998)

Sept. 8, 1998

Sept. 8, 1998

PACER
68

MOTION by All Defendants for clarification of powers and duties of guardian ad litem (dp, Deputy Clerk) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

PACER
69

NOTICE of filing original affidavit of Robert Morin by All Defendants (dp, Deputy Clerk) (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

PACER
70

ORDER granting [61-1] motion to extend time to reply to amended response to motion for protective order ( signed by Judge Wilkie D. Ferguson Jr. on 9/22/98) CCAP (dp, Deputy Clerk) (Entered: 09/23/1998)

Sept. 22, 1998

Sept. 22, 1998

PACER
71

ORDER granting [62-1] motion to file memorandum in excess of 20 pages in respnose to motion for class certification ( signed by Judge Wilkie D. Ferguson Jr. on 9/22/98) CCAP (dp, Deputy Clerk) (Entered: 09/23/1998)

Sept. 22, 1998

Sept. 22, 1998

PACER
72

ORDER granting [64-1] motion to extend time to serve response to USA's motion to intervenet and for leave to participate as amicus curiae ( signed by Judge Wilkie D. Ferguson Jr. on 9/22/98) CCAP (dp, Deputy Clerk) (Entered: 09/23/1998)

Sept. 22, 1998

Sept. 22, 1998

PACER
73

REPLY by All Plaintiffs to response to [42-1] motion for class certification (dp, Deputy Clerk) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

PACER
74

RESPONSE by Susan Stefian, guardian ad litem for Lynda Faye Johnson to [68-1] motion for clarification of powers and duties of guardian ad litem (dp, Deputy Clerk) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

PACER
75

AFFIDAVIT by Susan Stefan Re: position with regards to Linda Faye Johnson (dp, Deputy Clerk) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

PACER
76

RESPONSE by All Plaintiffs to [68-1] motion for clarification of powers and duties of guardian ad litem (dp, Deputy Clerk) (Entered: 10/06/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
77

MOTION by All Plaintiffs for oral argument on motion for clarification and for expedited decision (dp, Deputy Clerk) (Entered: 10/06/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
78

MOTION by All Plaintiffs for leave to file surreply in response to reply to plaintiffs amended response to motion for protective order (dp, Deputy Clerk) (Entered: 10/08/1998)

Oct. 7, 1998

Oct. 7, 1998

PACER
79

REPLY by All Plaintiffs to response to [20-1] motion for protective order (dp, Deputy Clerk) (Entered: 10/08/1998)

Oct. 7, 1998

Oct. 7, 1998

PACER
80

NOTICE of filing documents in support of surreply by All Plaintiffs (dp, Deputy Clerk) (Entered: 10/08/1998)

Oct. 7, 1998

Oct. 7, 1998

PACER
81

ORDER denying [46-1] motion for reconsideration of [43-1] order appointing guardian ad litem, granting [37-1] motion to intervene in the first of two motions to dismiss the complaint by United States, denying [37-2] motion for leave to participate as amicus curiae, denying [20-1] motion for protective order ( signed by Judge Wilkie D. Ferguson Jr. on 10/15/98) CCAP (dp, Deputy Clerk) (Entered: 10/19/1998)

Oct. 15, 1998

Oct. 15, 1998

PACER
82

ORDER granting [77-1] motion for oral argument on motion for clarification and for expedited decision Motion hearing before Judge Wilkie D. Ferguson Jr. set for 9:30 11/4/98 for [68-1] motion for clarification of powers and duties of guardian ad litem ( signed by Judge Wilkie D. Ferguson Jr. on 10/21/98) CCAP (dp, Deputy Clerk) (Entered: 10/23/1998)

Oct. 20, 1998

Oct. 20, 1998

PACER
83

ORDER consolidating cases 98-673-Civ-Ferguson, 98-1066-Civ-Ferguson and 98-6496-Civ-Ferguson for discovery purposes (signed by Judge Wilkie D. Ferguson Jr. on 10/26/98) CCAP (cp, Deputy Clerk) (Entered: 11/02/1998)

Oct. 27, 1998

Oct. 27, 1998

PACER
84

NOTICE OF STATUS CONFERENCE set for 4:15 12/28/98; Status report due by 12/16/98 before Judge Wilkie D. Ferguson Jr. (Signed by Judge Wilkie D. Ferguson Jr. on 10/28/98) CCAP (cp, Deputy Clerk) Modified on 11/02/1998 (Entered: 11/02/1998)

Oct. 28, 1998

Oct. 28, 1998

PACER
85

PRETRIAL ORDER filed (signed by Judge Wilkie D. Ferguson Jr. on 10/28/98) CCAP (cp, Deputy Clerk) (Entered: 11/02/1998)

Oct. 28, 1998

Oct. 28, 1998

PACER
86

REPLY by All Plaintiffs to response to [42-1] motion for class certification (cp, Deputy Clerk) (Entered: 11/02/1998)

Oct. 28, 1998

Oct. 28, 1998

PACER

Motion hearing re: [68-1] motion for clarification of powers and duties of guardian ad litem Motion hearing held (dp, Deputy Clerk)

Nov. 4, 1998

Nov. 4, 1998

PACER
88

NOTICE of unavailability from 12/21-27/98 & 12/29-1/5/99 by Tamara Allen (dp, Deputy Clerk) (Entered: 11/13/1998)

Nov. 12, 1998

Nov. 12, 1998

PACER
89

Minutes of hearing on motion for clarification held before Judge Wilkie D. Ferguson Jr. on 11/4/98; Court Reporter Name or Tape #: Paul Haferling (dp, Deputy Clerk) (Entered: 11/20/1998)

Nov. 18, 1998

Nov. 18, 1998

PACER
90

SUPPLEMEMNTAL MEMORANDUM of law by All Plaintiffs (dp, Deputy Clerk) (Entered: 11/20/1998)

Nov. 19, 1998

Nov. 19, 1998

PACER
91

ORDER granting [68-1] motion for clarification of powers and duties of guardian ad litem ( signed by Judge Wilkie D. Ferguson Jr. on 11/19/98) CCAP (dp, Deputy Clerk) (Entered: 11/23/1998)

Nov. 19, 1998

Nov. 19, 1998

PACER
94

ORDER set status conference for 3:00 12/18/98 before Judge Wilkie D. Ferguson Jr. ( signed by Judge Wilkie D. Ferguson Jr. on 11/19/98) CCAP (dp, Deputy Clerk) (Entered: 11/24/1998)

Nov. 19, 1998

Nov. 19, 1998

PACER
95

ORDER consolidating cases for purposes of discovery only ( signed by Judge Wilkie D. Ferguson Jr. on 11/19/98) CCAP (dp, Deputy Clerk) (Entered: 11/24/1998)

Nov. 19, 1998

Nov. 19, 1998

PACER
92

NOTICE of filing exhibits in support of motion for preliminary injunction by Wolf Steinman-Ptrado etal (dp, Deputy Clerk) (Entered: 11/24/1998)

Nov. 23, 1998

Nov. 23, 1998

PACER
93

SUPPLEMENTAL MEMORANDUM in support of motion for preliminary injunction and in opposition to motion to dismiss by Shelyndra Brown etal (dp, Deputy Clerk) (Entered: 11/24/1998)

Nov. 23, 1998

Nov. 23, 1998

PACER
96

AMENDED ORDER reset status conference for 3:00 1/22/99 before Judge Wilkie D. Ferguson Jr. ( signed by Judge Wilkie D. Ferguson Jr. on 12/4/98) CCAP (dp, Deputy Clerk) (Entered: 12/14/1998)

Dec. 4, 1998

Dec. 4, 1998

PACER

Case Details

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: May 24, 1998

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals then confined to Florida’s four Developmental State Institutions for Persons with Developmental Disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Florida, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2004 - 2007

Issues

General:

Deinstitutionalization/decarceration

Disparate Treatment

Habilitation (training/treatment)

Housing

Placement in mental health facilities

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Integrated setting

Least restrictive environment

Mental impairment

Mental Disability:

Depression

Mental Illness, Unspecified

Schizophrenia

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run

Benefit Source:

Medicaid